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2021 (1) TMI 924 - GUJARAT HIGH COURTDeduction u/s 10 (10C) - applicant opted for Early Retirement Option (ERO), 2003 Scheme and received compensation - in the case of the writ applicant, he had not claimed such deduction - writ applicant was expected to prefer a revision application under Section 264 of the Act and not file a representation in that regard - HELD THAT:- We are of the view that, even if, the writ applicant had not claimed the exemption in his return of income for the year under consideration, he can always claim later in point of time. So far as the second ground on which the claim came to be rejected, Mr. Darshan Patel, invited the attention of this Court to the certain averments made in the Affidavitin Rejoinder, writ applicant has tried to explain as above that it was an inadvertent mistake in labeling the application as a writ petition rather than a revision petition. We need not go into any further debate in this regard as the law has now been well settled by the Supreme Court in S. PALANIAPPAN VERSUS INCOME TAX OFFICER, CHENNAI [2015 (10) TMI 405 - SUPREME COURT] This writ application succeeds.Writ applicant is entitled to claim exemption under Section 10 (10 C) of the Act, 1961 for the amount received from the ICICI Bank Ltd. at the time of his voluntary retirement under the scheme, in accordance with law.
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